Short Title

1 These Regulations may be cited as the Aviation Occupational Safety and Health Regulations.

PART IGeneral

Interpretation

1.1 In these Regulations,

Act

Act means Part II of the Canada Labour Code; (Loi)

dangerous substance

dangerous substance[Revoked, SOR/88-201, s. 1]

pilot-in-command

pilot-in-command means, in respect of an aircraft, the pilot having responsibility and authority for the operation and safety of the aircraft; (commandant de bord)

protection equipment

protection equipment means safety materials, equipment, devices and clothing; (équipement de protection)

qualified person

qualified person means, in respect of a specified duty, a person who, because of his knowledge, training and experience, is qualified to perform that duty safely and properly; (personne qualifiée)

regional office

regional office means, in respect of an employee, the regional office of the Department of Transport for the administrative region of that Department in which the employee is based. (bureau régional)

Prescription

1.2 These Regulations are prescribed for the purposes of sections 125, 125.1, 125.2 and 126 of the Act.

Application

1.3 These Regulations apply in respect of employees employed on aircraft while in operation and in respect of persons granted access to such aircraft by the employer.

Records and Reports

1.4 Where an employer is required by section 125 or 125.1 of the Act to keep and maintain a record, report or other document, the employer shall keep and maintain the record, report or other document in such a manner that it is readily available for examination by a safety officer and by the safety and health committee or the safety and health representative, if either exists, for the work place to which it applies.

Inconsistent Provisions

1.5 In the event of an inconsistency between any standard incorporated by reference in these Regulations and any other provision of these Regulations, that other provision shall prevail to the extent of the inconsistency.

1.6 Notwithstanding any provision in any standard incorporated by reference in these Regulations, a reference to another publication in that standard is a reference to the other publication as it read on April 2, 1987.

PART IILevels of Sound

Interpretation

2.1 In this Part, sound level meter means an instrument for measuring levels of sound that meets the standards set out in American National Standards Institute Standard ANSI SI.4-1983, Specification for Sound Level Meters, dated February 17, 1983 and is referred to in that Standard as type 0, 1 or 2. (sonomètre)

Levels of Sound

• 2.2 (1) Subject to subsections (2) and (3), the level of sound on an aircraft shall not exceed 87 dB.

• (2) Subject to subsection (3), where it is not reasonably practicable for an employer to maintain the level of sound on an aircraft at 87 dB or less, no employee shall be exposed in any 24 hour period to

  • (a) a level of sound referred to in Column I of an item of the schedule to this Part for a number of hours exceeding the number set out in Column II of that item; or

  • (b) a number of different levels of sound referred to in Column I of an item of the schedule to this Part, where the sum of the following quotients exceeds one:

    • (i) the number of hours of exposure to each level of sound

    divided by

    • (ii) the maximum number of hours of exposure per 24 hour period set out in Column II of that item.

• (3) Where it is not reasonably practicable for an employer to maintain the exposure of an employee to a level of sound at or below the levels referred to in subsection (1) or (2), the employer shall

  • (a) make a report in writing to the regional safety officer at the regional office setting out the reasons why the exposure cannot be so maintained; and

  • (b) provide every employee on the aircraft with a hearing protector that reduces the level of sound reaching the employee’s ears to 87 dB or less.

Sound Level Measurement

2.3 The levels of sound referred to in section 2.2 shall be measured by using the slow exponential-time-averaging characteristic and the A-weighting characteristic of a sound level meter.

Warnings

2.4 Where the level of sound on an aircraft is more than 87 dB, the employer shall inform employees

• (a) that there is a hazardous level of sound on the aircraft;

• (b) if applicable, of the maximum number of hours of exposure determined under subsection 2.2(2); and

• (c) if applicable, of the requirement to wear a hearing protector.

PART IIIElectrical Safety

Interpretation

3.1 In this Part,

electrical equipment

electrical equipment means equipment for the generation, distribution or use of electricity; (outillage électrique)

high voltage

high voltage means a voltage of 751 volts or more between any two conductors or between a conductor and ground. (haute tension)

Safety Procedures

3.2 All testing or work performed on electrical equipment on an aircraft shall be performed by an employee who is a qualified person.

3.3 Where there is a possibility that an employee may receive a hazardous electrical shock during the performance of the work referred to in section 3.2, the employee shall use such insulated protection equipment and tools as will protect him from injury during the performance of the work.

3.4 Where electrical equipment on an aircraft is live or may become live, no employee shall work on the equipment unless

• (a) the employer has instructed the employee in procedures that are safe for work on live conductors;

• (b) a safety ground is connected to the equipment; or

• (c) the equipment is isolated.

3.5 Where an employee is working on an aircraft on or near electrical equipment that is live or may become live, the electrical equipment shall be guarded.

3.6 No employee shall work on or near high voltage electrical equipment on an aircraft unless he is authorized to do so by the pilot-in-command.

3.7 A legible sign with the words “Danger — High Voltage” and “Danger — Haute Tension” in letters that are not less than 25 mm in height on a contrasting background shall be posted in a conspicuous place at every approach to live high voltage electrical equipment on an aircraft.

Coordination of Work

3.8 Where two or more employees are working on or in connection with electrical equipment on an aircraft, they shall be fully informed by the employer with respect to the safe coordination of their work.

PART IVSanitation

Interpretation

4.1 In this Part,

galley area

galley area means an area used for the storage or preparation of food on an aircraft; (aire d’office)

personal service room

personal service room means a room in an aircraft that contains

• (a) a toilet and a washbasin,

• (b) a toilet, or

• (c) a washbasin. (local réservé aux soins personnels)

  • SOR/94-34, s. 5

toilet room

toilet room[Revoked, SOR/94-34, s. 5]

General

• 4.2 (1) Where practicable, every employer shall provide on an aircraft a room that contains a toilet and a washbasin.

• (2) Where it is not practicable to comply with subsection (1), the employer shall, if practicable, provide on the aircraft a room that contains a toilet.

• (3) Where it is not practicable to comply with subsection (1) or (2), the employer shall, if practicable, provide on the aircraft a room with a washbasin.

• (4) Each personal service room and galley area shall be cleaned at least once every 24 hours that it is used.

• 4.3 (1) Every employer shall maintain each personal service room and galley area used by employees in a clean and sanitary condition.

• (2) Personal service rooms and galley areas shall be so used by employees that the rooms or areas remain as clean and in as sanitary a condition as is possible.

• 4.4 (1) Each container that is used for solid or liquid waste on an aircraft, other than a disposable plastic garbage bag, shall be

  • (a) equipped with a tight-fitting cover or be enclosed in a manner that prevents a safety or health hazard;

  • (b) so constructed that it can easily be cleansed and maintained in a sanitary condition; and

  • (c) leak-proof.

• (2) Each container referred to in subsection (1) shall be emptied as soon as practicable after it becomes full, but not less than once every 24 hours that it is used.

• (3) Where disposable plastic garbage bags are used, they shall be

  • (a) of a weight sufficient to support their contents when full;

  • (b) constructed to prevent leakage;

  • (c) closed and secured when full; and

  • (d) disposed of at the first opportunity.

4.5 Every personal service room shall be enclosed in such a manner as to provide for a reasonable amount of privacy for its occupant.

4.6 Toilet paper shall be provided in each personal service room that contains a toilet.

4.7 A covered container for the disposal of sanitary napkins shall be provided in each personal service room for the use of female employees.

• 4.8 (1) Where practicable, every employer shall provide each personal service room with a washbasin that is supplied with a sufficient supply of water to serve the employees using the personal service room.

• (2) In every personal service room that contains a washbasin, the employer shall provide

  • (a) soap or other cleaning agent in a dispenser at each washbasin;

  • (b) sufficient single-use hand towels to serve the employees using the personal service room; and

  • (c) a non-combustible container for the disposal of used towels.

Potable Water

4.9 Every employer shall provide employees with potable water for drinking, personal washing and food preparation that, where reasonably practicable, meets the standards set out in the publication entitled Guidelines for Canadian Drinking Water Quality, 1978, as amended in March 1990 and published under the authority of the Minister of National Health and Welfare.

4.10 Where a portable storage container for drinking water is used,

• (a) the container shall be securely covered and closed;

• (b) the container shall be used only for the purpose of storing potable water;

• (c) the container shall not be stored in a personal service room; and

• (d) the water shall be drawn from the container by

  • (i) a tap,

  • (ii) a ladle used only for the purpose of drawing water from the container, or

  • (iii) any other means that precludes the contamination of the water.

4.11 Except where drinking water is supplied by a drinking fountain, sanitary single-use drinking cups shall be provided.

4.12 Any ice that is added to drinking water or used for the contact refrigeration of foodstuffs shall be

• (a) made from potable water; and

• (b) stored and handled in a manner that prevents contamination.

Preparation, Handling, Storage and Serving of Food

• 4.13 (1) Each food handler shall be instructed and trained in food handling practices that prevent the contamination of food.

• (2) No person who is suffering from a disease that can be transmitted through the handling of food shall work as a food handler on an aircraft.

4.14 Where a washbasin is not provided in accordance with subsection 4.8(1), prepackaged individual towelettes shall be provided for food handlers.

4.15 All equipment and utensils that come into contact with food shall be

• (a) smooth, free from cracks, crevices, pitting or unnecessary indentations; and

• (b) cleaned to maintain their surfaces in a sanitary condition.

4.16 No person shall eat, prepare or store food

• (a) in a place where a hazardous substance may contaminate food, dishes or utensils;

• (b) in a personal service room; or

• (c) in any other place where food is likely to be contaminated.

• 4.17 (1) Where dry ice is used for the refrigeration of foodstuffs, it shall be

  • (a) contained in a manner that prevents injury to employees; and

  • (b) marked, tagged or otherwise identified in a manner that assists employees in using it safely.

• (2) Where an employee is required to handle or be exposed to dry ice, he shall be instructed and trained in

  • (a) practices essential for its safe use; and

  • (b) procedures to follow in the event of injury.

Food Waste and Garbage

• 4.18 (1) As far as is practicable, no food waste or garbage shall be stored in a galley area.

• (2) Food waste and garbage shall be handled in a manner that prevents the contamination of food.

4.19 Food waste and garbage containers shall be kept covered and the food waste and garbage removed as frequently as is necessary to prevent unsanitary conditions.

PART VHazardous Substances

Interpretation

5.1 In this Part,

hazard information

hazard information means, in respect of a hazardous substance, information on the proper and safe storage, handling and use of the hazardous substance, including information relating to its toxicological properties; (renseignements sur les dangers)

lower explosive limit

lower explosive limit means the lower limit of flammability of a chemical agent or a combination of chemical agents at ambient temperature and pressure, expressed

• (a) for a gas or vapour, as a percentage in air by volume, and

• (b) for dust, as the weight of dust per volume of air; (limite explosive inférieure)

product identifier

product identifier means, in respect of a hazardous substance, the brand name, code name or code number specified by the supplier or employer or the chemical name, common name, generic name or trade name; (identificateur du produit)

readily available

readily available means present in an appropriate place in a physical copy form that can be handled; (facilement accessible)

supplier

supplier means a person who is a manufacturer, processor or packager of a hazardous substance or a person who, in the course of business, imports or sells a hazardous substance. (fournisseur)

Application

5.2 This Part does not apply in respect of

• (a) explosives or other hazardous substances carried on an aircraft in accordance with regulations made under section 3.7, 3.9 or 4.9 of the Aeronautics Act or orders authorized under subsection 3.3(2) of the Aeronautics Act; and

• (b) the transportation or handling of dangerous goods to which the Transportation of Dangerous Goods Act and regulations made thereunder apply.

DIVISION IGeneral

Hazard Investigation

• 5.3 (1) Where there is a likelihood that the safety or health of an employee on an aircraft is or may be endangered by exposure to a hazardous substance, the employer shall, without delay,

  • (a) appoint a qualified person to carry out an investigation; and

  • (b) notify the safety and health committee or the safety and health representative, if either exists, of the proposed investigation and of the name of the qualified person appointed to carry out that investigation.

• (2) In the investigation referred to in subsection (1), the following criteria shall be taken into consideration:

  • (a) the chemical, biological and physical properties of the hazardous substance;

  • (b) the routes of exposure to the hazardous substance;

  • (c) the effects on health and safety of exposure to the hazardous substance;

  • (d) the state, concentration and quantity of the hazardous substance handled;

  • (e) the manner in which the hazardous substance is handled;

  • (f) the control methods used to eliminate or reduce exposure;

  • (g) the value, percentage or level of the hazardous substance to which an employee is likely to be exposed; and

  • (h) whether the value, percentage or level referred to in paragraph (g) is likely to exceed that prescribed in section 5.14 or 5.15 or Part II.

5.4 On completion of the investigation referred to in subsection 5.3(1) and after consultation with the safety and health committee or the safety and health representative, if either exists, the qualified person shall set out in a written report signed by the person

• (a) the person’s observations respecting the criteria considered in accordance with subsection 5.3(2); and

• (b) the person’s recommendations respecting the manner of compliance with sections 5.6 to 5.17.

5.5 The report referred to in section 5.4 shall be kept by the employer for two years after the date on which the qualified person signed the report.

Substitution of Substances

• 5.6 (1) No person shall use a hazardous substance for any purpose on an aircraft where it is reasonably practicable to substitute therefor a substance that is not a hazardous substance.

• (2) Where a hazardous substance is to be used for any purpose on an aircraft and an equivalent substance that is less hazardous is available to be used for that purpose, the equivalent substance shall be substituted for the hazardous substance where reasonably practicable.

Storage, Handling and Use

5.7 Every hazardous substance stored, handled or used on an aircraft shall be stored, handled or used in a manner whereby the hazard related to that substance is reduced to a minimum.

5.8 Where a hazardous substance is stored, handled or used on an aircraft, any hazard resulting from that storage, handling or use shall be confined to as small an area as practicable.

5.9 Every container for a hazardous substance that is used on an aircraft shall be so designed and constructed that it protects the employees from any safety or health hazard that is created by the hazardous substance.

5.10 and 5.11 [Revoked, SOR/88-201, s. 6]

Employee Education

• 5.12 (1) Every employer shall, in consultation with the safety and health committee or the safety and health representative, if either exists, develop and implement an employee education program respecting hazard prevention and control on aircraft.

• (2) The employee education program referred to in subsection (1) shall include

  • (a) the instruction of each employee who handles or is exposed to or is likely to handle or be exposed to a hazardous substance on an aircraft with respect to

    • (i) the product identifier of the hazardous substance,

    • (ii) all hazard information disclosed by the supplier of the hazardous substance or by the employer on a material safety data sheet or on a label,

    • (iii) all hazard information of which the employer is aware or ought reasonably to be aware,

    • (iv) the observations referred to in paragraph 5.4(a),

    • (v) the information disclosed on the material safety data sheet referred to in section 5.21 and the purpose and significance of that information, and

    • (vi) in respect of controlled products on aircraft, the information required to be disclosed on a material safety data sheet and on a label by Division III and the purposes and significance of that information; and

  • (b) the instruction and training of each employee referred to in paragraph (a) with respect to

    • (i) the procedures to follow to implement the provisions of sections 5.7 and 5.8, and

    • (ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance.

• (3) Every employer shall, in consultation with the safety and health committee or the safety and health representative, if either exists, review the employee education program referred to in subsection (1) and, if necessary, revise it

  • (a) at least once a year;

  • (b) whenever there is a change in conditions in respect of the hazardous substances on an aircraft; and

  • (c) whenever new hazard information in respect of a hazardous substance that is on an aircraft becomes available to the employer.

• (4) The employer shall keep, for two years after an employee referred to in paragraph (2)(a) ceases to handle or be exposed to the hazardous substance or to be likely to handle or be exposed to the hazardous substance, a record of

  • (a) the instruction referred to in paragraph (2)(a); and

  • (b) the instruction and training referred to in paragraph (2)(b).

• (5) The employer shall keep a copy of the record of the instruction referred to in paragraph (2)(a) readily available for examination by the employee.

Medical Examinations

• 5.13 (1) Where the report referred to in section 5.4 contains a recommendation for a medical examination, the employer may consult a physician regarding that recommendation.

• (2) Where the employer

  • (a) consults a physician pursuant to subsection (1) and the physician confirms the recommendation for a medical examination, or

  • (b) does not consult a physician pursuant to subsection (1),

  the employer shall not permit an employee to work with the hazardous substance on an aircraft until a physician acceptable to the employee has examined the employee and declared the employee fit for work with the hazardous substance.

• (3) Where an employer consults a physician pursuant to subsection (1), the employer shall keep a copy of the decision of the physician with the report referred to in section 5.4.

• (4) The cost of a medical examination referred to in subsection (2) shall be borne by the employer.

Control of Hazards

• 5.14 (1) No employee shall be exposed to a concentration of an airborne chemical agent in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values and Biological Exposure Indices for 1986-1987.

• (2) Where there is a likelihood that the concentration of an airborne chemical agent may exceed the value referred to in subsection (1), the air shall be sampled by a qualified person and the concentration of the chemical agent determined by test in accordance with

  • (a) the standards set out by the American Conference of Govermental Industrial Hygienists in its publication entitled Manual of Analytical Methods Recommended For Sampling and Analysis of Atmospheric Contaminants, dated 1958;

  • (b) the standards set out by the United States National Institute for Occupational Safety and Health in the NIOSH Manual of Analytical Methods, third edition, volumes 1 and 2, dated February, 1984; or

  • (c) a method set out in the United States Federal Register, volume 40, number 33, dated February 18, 1975, as amended by volume 41, number 53, dated March 17, 1976.

• (3) Where a test is made pursuant to subsection (2), the employer shall, as soon as possible after the completion of the test,

  • (a) make a record of the test; and

  • (b) provide a copy of the record to the safety and health committee or the safety and health representative, if either exists.

• (4) The employer shall keep the record of a test referred to in paragraph (3)(a) for three years after the date of the test.

• (5) A record of the test referred to in paragraph (3)(a) shall include

  • (a) the date, time and location of the test;

  • (b) the chemical agent for which the test was made;

  • (c) the sampling and testing method used;

  • (d) the result obtained; and

  • (e) the name and occupation of the qualified person who made the test.

• 5.15 (1) Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents on an aircraft shall be less than 50 per cent of the lower explosive limit of the chemical agent or combination of airborne chemical agents.

• (2) Where a source of ignition may ignite the concentration of an airborne chemical agent or combination of airborne chemical agents on an aircraft, that concentration shall not exceed 10 per cent of the lower explosive limit of the chemical agent or combination of airborne chemical agents.

5.16 An airborne hazardous substance may be used on an aircraft only to the extent that the aircraft ventilation system is capable of maintaining the concentration of the airborne hazardous substance at or below the values and percentages prescribed in sections 5.14 and 5.15.

Radiation Emitting Devices

5.17 Where a device that is capable of producing and emitting energy in the form of electromagnetic waves or acoustical waves is used on an aircraft, the radiation to which an employee is exposed shall not exceed the limits recommended in Part 2 of Safety Code-6, recommended safety procedures for the installation and use of radiofrequency and microwave devices in the frequency range 10 MHz-300 GHz, dated February, 1979, of the Radiation Protection Bureau of the Department of National Health and Welfare.

Emergency Procedures

• 5.18 (1) Where there is a possibility of an accumulation, spill or leak of a hazardous substance on an aircraft, the employer shall, after consultation with the safety and health committee or the safety and health representative, if either exists, of the employees, prepare written emergency procedures to be implemented in the event of such an accumulation, spill or leak.

• (2) The emergency procedures referred to in subsection (1) shall contain

  • (a) a full description of the procedures to be followed; and

  • (b) the location in the aircraft of any emergency equipment required to carry out the procedures referred to in paragraph (a) and instructions for its use.

Instructions and Training

5.19 Where emergency procedures are prepared in accordance with section 5.18, each employee shall be instructed and trained in

• (a) the procedures to be followed by him in the event of an emergency; and

• (b) the location, use and operation of the emergency equipment provided by the employer.

DIVISION IIHazardous Substances Other Than Controlled Products

Identification

5.20 Every container of a hazardous substance, other than a controlled product, that is stored, handled or used on an aircraft shall be labelled in a manner that discloses clearly

• (a) the name of the substance; and

• (b) the hazardous properties of the substance.

5.21 Where a material safety data sheet pertaining to a hazardous substance, other than a controlled product, that is stored, handled or used on an aircraft may be obtained from the supplier of the hazardous substance, the employer shall

• (a) obtain the material safety data sheet; and

• (b) keep a copy of the material safety data sheet readily available on the aircraft for examination by employees.

DIVISION IIIControlled Products

Interpretation

5.22 In this Division

hazardous waste

hazardous waste means a controlled product that is intended solely for disposal or is sold for recycling or recovery; (résidu dangereux)

manufactured article

manufactured article means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, under normal conditions of use, will not release or otherwise cause a person to be exposed to a controlled product; (article manufacturé)

supplier label

supplier label means, in respect of a controlled product, a label prepared by a supplier pursuant to the Hazardous Products Act; (étiquette du fournisseur)

supplier material safety data sheet

supplier material safety data sheet means, in respect of a controlled product, a material safety data sheet prepared by a supplier pursuant to the Hazardous Products Act; (fiche signalétique du fournisseur)

work place label

work place label means, in respect of a controlled product, a label prepared by an employer pursuant to this Division; (étiquette du lieu de travail)

work place material safety data sheet

work place material safety data sheet means, in respect of a controlled product, a material safety data sheet prepared by an employer pursuant to subsection 5.26(1). (fiche signalétique du lieu de travail)

Application

• 5.23 (1) This Division does not apply in respect of any

  • (a) wood or product made of wood;

  • (b) tobacco or product made of tobacco; or

  • (c) manufactured article.

• (2) This Division, other than section 5.34, does not apply in respect of hazardous waste.

Material Safety Data Sheets and Labels in respect of certain Controlled Products

5.24 Subject to section 5.33, every employer shall adopt and implement the provisions of sections 5.20 and 5.21 in respect of a controlled product and may, in so doing, replace the name of the substance with the product identifier, where the controlled product is a controlled product that

• (a) is present on an aircraft;

• (b) was received from a supplier; and

• (c) is one of the following:

  • (i) a cosmetic, device, drug or food within the meaning of the Food and Drugs Act,

  • (ii) a control product within the meaning of the Pest Control Products Act,

  • (iii) a prescribed substance within the meaning of the Atomic Energy Control Act, and

  • (iv) a product, material or substance included in Part II of Schedule I to the Hazardous Products Act that is packaged as a consumer product.

Supplier Material Safety Data Sheets

• 5.25 (1) Where a controlled product, other than a controlled product referred to in paragraph 5.24(c), is received by an employer for use on an aircraft, the employer shall, at the time the controlled product is received, obtain from the supplier of the controlled product a supplier material safety data sheet, unless the employer has in his possession a supplier material safety data sheet that

  • (a) is for a controlled product that has the same product identifier;

  • (b) discloses information that is current at the time that the controlled product is received; and

  • (c) was prepared and dated not more than three years before the date that the controlled product is received.

• (2) Where there is a controlled product that is used on an aircraft and the supplier material safety data sheet pertaining to the controlled product is three years old, the employer shall, where possible, obtain from the supplier an up-to-date supplier material safety data sheet.

• (3) Where it is not possible for an employer to obtain an up-to-date supplier material safety data sheet referred to in subsection (2), the employer shall update the hazard information on the most recent supplier material safety data sheet that the employer has received on the basis of the ingredients disclosed in that supplier material safety data sheet.

Work Place Material Safety Data Sheet

• 5.26 (1) Subject to section 5.33, where an employer receives a supplier material safety data sheet, the employer may prepare a work place material safety data sheet to be used on an aircraft in place of the supplier material safety data sheet if

  • (a) the work place material safety data sheet discloses at least the information disclosed on the supplier material safety data sheet;

  • (b) the information disclosed on the work place material safety data sheet does not disclaim or contradict the information disclosed on the supplier material safety data sheet;

  • (c) the supplier material safety data sheet is available for examination by employees on the aircraft; and

  • (d) the work place material safety data sheet discloses that the supplier material safety data sheet is available on the aircraft.

• (2) The employer shall update the work place material safety data sheet referred to in subsection (1)

  • (a) as soon as is practicable in the circumstances but not later than 90 days after new hazard information becomes available to the employer; and

  • (b) at least every three years.

• (3) Where the information required to be disclosed by subsection (1) is not available to the employer or not applicable to the controlled product, the employer shall replace the information by the words “not available” or “not applicable”, as the case may be, in the English version and the words “pas disponible” or “sans objet”, as the case may be, in the French version of the material safety data sheet.

Availability of Material Safety Data Sheets

5.27 Every employer shall keep readily available for examination on an aircraft in which an employee may handle or be exposed to a controlled product a copy in English and in French of

• (a) in the case of an employer who is an employer referred to in subsection 5.26(1), the work place material safety data sheet; and

• (b) in any other case, the supplier material safety data sheet.

Labels

• 5.28 (1) Subject to sections 5.29 and 5.30, each controlled product, other than a controlled product referred to in paragraph 5.24(c), on an aircraft that is intended for use on the aircraft and each container in which such a controlled product is contained on an aircraft shall, if the controlled product or the container was received from a supplier, have applied to it a supplier label.

• (2) Subject to sections 5.29, 5.30 and 5.33, where a controlled product, other than a controlled product referred to in paragraph 5.24(c), is received from a supplier and an employer places the controlled product on an aircraft in a container, other than the container in which it was received from the supplier, the employer shall apply to the container a supplier label or a work place label that discloses the following information:

  • (a) the product identifier;

  • (b) hazard information in respect of the controlled product; and

  • (c) a statement indicating that a material safety data sheet for the controlled product is available on the aircraft.

• (3) Subject to sections 5.32 and 5.33, no person shall remove, deface, modify or alter the supplier label applied to

  • (a) a controlled product that is in an aircraft; or

  • (b) a container of a controlled product that is in an aircraft.

Portable Containers

5.29 Where an employer stores a controlled product on an aircraft in a container that has applied to it a supplier label or a work place label, a portable container filled from that container does not have to be labelled in accordance with section 5.28 if

• (a) the controlled product is required for immediate use; or

• (b) the following conditions apply in respect of the controlled product:

  • (i) it is under the control of and used exclusively by the employee who filled the portable container,

  • (ii) it is used only during the flight in which the portable container was filled, and

  • (iii) it is clearly identified by a work place label applied to the portable container that discloses the product identifier.

Special Cases

5.30 An employer shall, in a conspicuous place near a controlled product, post a sign in respect of the controlled product that discloses the product identifier if the controlled product is

• (a) in a process, reaction or storage vessel; or

• (b) in a continuous-run container.

Signs

5.31 The information disclosed on a sign referred to in section 5.30 or paragraph 5.34(b) shall be of such a size that it is clearly legible to the employees on the aircraft.

Replacing Labels

5.32 Where, on an aircraft, a label applied to a controlled product or a container of a controlled product becomes illegible or is removed from the controlled product or the container, the employer shall replace the label with a work place label that discloses the following information:

• (a) the product identifier;

• (b) hazard information in respect of the controlled product; and

• (c) a statement indicating that a material safety data sheet for the controlled product is available on the aircraft.

Exemptions from Disclosure

• 5.33 (1) Subject to subsection (2), where an employer has filed a claim for exemption from the requirement to disclose information on a material safety data sheet or on a label pursuant to subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

  • (a) where there is no final disposition of the proceedings in relation to the claim, the date that the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Act; and

  • (b) where the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

• (2) Where a claim for exemption referred to in subsection (1) is in respect of the chemical name, common name, generic name, trade name or brand name of a controlled product, the employer shall, on the material safety data sheet or label of the controlled product, replace that information with a code name or code number specified by the employer as the product identifier for that controlled product.

Hazardous Waste

5.34 Where a controlled product on an aircraft is hazardous waste, the employer shall clearly identify it as hazardous waste by

• (a) applying a label to the hazardous waste or its container; or

• (b) posting a sign in a conspicuous place near the hazardous waste or its container.

Information Required in a Medical Emergency

5.35 For the purposes of subsection 125.2(1) of the Act, a medical professional is a registered nurse registered or licensed under the laws of a province.

DIVISION IV[Revoked, SOR/94-34, s. 24]

PART VISafety Materials, Equipment, Devices and Clothing

Interpretation

6.1 In this Part,

CSA

CSA means the Canadian Standards Association; (ACNOR)

safety restraining device

safety restraining device means a safety harness, seat, rope, belt, strap, chain or lifeline designed to be used by a person to protect him from falling and includes every fitting, fastening or accessory attached thereto. (dispositif protecteur de soutien)

General

6.2 Where

• (a) it is not reasonably practicable to eliminate or control a safety or health hazard within safe limits on an aircraft, and

• (b) the use of protection equipment may prevent or reduce injury from that hazard,

every person granted access to the aircraft who is exposed to that hazard shall use the protection equipment prescribed by this Part.

6.3 All protection equipment referred to in section 6.2

• (a) shall be designed to protect the person from the hazard for which it is provided; and

• (b) shall not in itself create a hazard.

6.4 All protection equipment provided by the employer shall

• (a) be maintained, inspected and tested by a qualified person; and

• (b) where necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person.

Protective Headwear

6.5 Where there is a hazard of head injury to a person on an aircraft, protective headwear that protects the person from the hazard shall be used.

Protective Footwear

• 6.6 (1) Where there is a hazard of a foot injury on an aircraft, protective footwear that meets the standards set out in CSA Standard Z195-M1984, Protective Footwear, the English version of which is dated March, 1984 and the French version of which is dated December, 1984, shall be used.

• (2) Where there is a hazard of slipping on an aircraft, non-slip footwear shall be used.

Eye and Face Protection

6.7 Where there is a hazard of injury to the eyes, face, ears or front of the neck of an employee on an aircraft, the employer shall provide an eye or face protector that meets the standards set out in CAN/CSA-Standard Z94.3-M88, Industrial Eye and Face Protectors, the English version of which is dated July 1988 and the French version of which is dated April 1990.

Respiratory Protection

• 6.8 (1) Where there is a hazard of an airborne hazardous substance on an aircraft, the employer shall provide a respiratory protective device that is listed in the NIOSH Certified Equipment List as of October 1, 1984, dated February, 1985, published by the United States National Institute for Occupational Safety and Health.

• (2) A respiratory protective device referred to in subsection (1) shall be selected, fitted, cared for, used and maintained in accordance with the standards set out in CSA Standard Z94.4-M1982, Selection, Care and Use of Respirators, the English version of which is dated May, 1982, as amended to September, 1984 and the French version of which is dated March, 1983, as amended to September, 1984, excluding clauses 6.1.5, 10.3.3.1.2 and 10.3.3.4.2(c).

6.9 Where a steel or aluminum self-contained breathing apparatus cylinder has a dent deeper than 1.5 mm and less than 50 mm in major diameter or shows evidence of deep isolated pitting, cracks or splits, the cylinder shall be removed from service until it has been shown to be safe for use by means of a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure.

Skin Protection

6.10 Where there is a hazard of injury or disease to or through the skin of a person on an aircraft, the employer shall provide to the person

• (a) a shield or screen;

• (b) a cream to protect the skin; or

• (c) an appropriate body covering.

Safety Restraining Devices

• 6.11 (1) Where a person, other than a person who is exiting from an aircraft, is near to an open aircraft door or hatch on an aircraft, the employer shall provide the person with a safety restraining device.

• (2) Every safety restraining device used on an aircraft shall be secured to the primary structure of the aircraft in a manner that prevents a person using the device from falling out of the aircraft.

Loose Clothing

6.12 Loose clothing, long hair, dangling accessories, jewellery or other similar items that are likely to be hazardous to the safety or health of an employee on an aircraft shall not be worn unless they are so tied, covered or otherwise secured as to prevent the hazard.

Records

• 6.13 (1) A record of all protection equipment provided by the employer, other than ear plugs and other expendable equipment, shall be kept by him for two years after it is provided.

• (2) The record referred to in subsection (1) shall contain

  • (a) a description of the equipment and the date of its acquisition by the employer;

  • (b) the date and result of each inspection and test of the equipment;

  • (c) the date and nature of any maintenance work performed on the equipment since its acquisition by the employer; and

  • (d) the name of the person who performed the inspection, test or maintenance of the equipment.

Instructions and Training

• 6.14 (1) Every person granted access to an aircraft who uses protection equipment shall be instructed by the employer in the use of the equipment.

• (2) Every employee who uses protection equipment shall be instructed and trained in the use, operation and maintenance of the equipment.

• (3) The instructions referred to in subsection (2) shall be

  • (a) set out in writing; and

  • (b) kept by the employer readily available for examination by the employee.

Defective Protection Equipment

6.15 Where an employee on an aircraft identifies a defect in protection equipment that may render the protection equipment unsafe for use, he shall, as soon as possible,

• (a) mark or tag the equipment as unsafe;

• (b) remove the equipment from service; and

• (c) report the defect to the employer.

PART VIIAppliances and Machine Guards

General

7.1 In this Part, appliance means any instrument, mechanism, equipment, apparatus or accessory that is accessible to an employee on an aircraft and is

• (a) designed to be installed in or attached to the aircraft; and

• (b) not part of the airframe, engine, propeller or rotor of the aircraft. (appareillage)

• 7.2 (1) Every appliance that has exposed moving, rotating, electrically charged or hot parts or that processes, transports or handles material that constitutes a hazard to an employee shall be equipped with a machine guard that

  • (a) prevents the employee or any part of his body from coming into contact with the parts or material;

  • (b) prevents access by the employee to the area of exposure to the hazard during the operation of the appliance; or

  • (c) makes the appliance inoperative if the employee or any part of his clothing is in or near a part of the appliance that is likely to cause injury.

• (2) Subsection (1) does not apply to ovens, hot plates, hot cups and other similar appliances.

• (3) A machine guard shall be so constructed, installed and maintained that it meets the requirements of subsection (1).

• 7.3 (1) Subject to subsection (2), where a machine guard is installed on an appliance, no person shall use or operate the appliance unless the machine guard is in its proper position.

• (2) An appliance may be operated when the machine guard is not in its proper position in order to permit the removal of an injured person from the appliance.

7.4 All maintenance and repair work performed on an appliance referred to in subsection 7.2(1) or on a machine guard installed on it shall be performed by a qualified person.

• 7.5 (1) Subject to subsection (2), where it is necessary to remove a machine guard from an appliance in order to perform repair or maintenance work on the appliance, no person shall perform the repair or maintenance work unless the appliance has been rendered inoperative in accordance with a written procedure provided by the employer.

• (2) Where it is not reasonably practicable to render inoperative an appliance referred to in subsection (1) in order to perform repair or maintenance work on the appliance, the work may be performed if

  • (a) the person performing the work follows written procedures provided by the employer that will ensure that any hazard to that person is not significantly greater than it would be if the appliance had been rendered inoperative; and

  • (b) the person performing the work obtains an authorization from the pilot-in-command each time the work is performed.

7.6 A copy of the procedures referred to in subsection 7.5(1) and paragraph 7.5(2)(a) shall be kept readily available by the employer for examination by persons who perform repair and maintenance work on the appliances.

Defective Appliances and Machine Guards

7.7 Where an employee on an aircraft identifies a defect that may render an appliance or machine guard unsafe for use, he shall, as soon as possible,

• (a) mark or tag the appliance or machine guard as unsafe;

• (b) remove the appliance or machine guard from service; and

• (c) report the defect to the employer.

PART VIIIMaterials Handling

Interpretation

8.1 In this Part,

materials handling equipment

materials handling equipment means equipment used to transport, lift, move or position materials, goods or things but does not include equipment that is affixed to the exterior of an aircraft; (appareil de manutention des matériaux)

safe working load

safe working load means, with respect to materials handling equipment, the maximum load that the materials handling equipment is designed and constructed to handle or support safely. (charge de travail admissible)

General

• 8.2 (1) Materials handling equipment used on an aircraft shall, to the extent that is reasonably practicable, be so designed and constructed that if there is a failure of any part of the materials handling equipment, it will not result in loss of control of the materials handling equipment or create a hazardous condition.

• (2) All glass in doors and other parts of materials handling equipment used on an aircraft shall be of a type that will not shatter into sharp or dangerous pieces under impact.

Inspection, Testing and Maintenance

• 8.3 (1) Before materials handling equipment is operated for the first time on an aircraft, the employer shall set out in writing instructions for the inspection, testing and maintenance of that materials handling equipment.

• (2) The instructions referred to in subsection (1) shall specify the nature and frequency of inspections, tests and maintenance.

• 8.4 (1) Every inspection, test and maintenance of materials handling equipment shall be performed by a qualified person.

• (2) The qualified person referred to in subsection (1) shall

  • (a) comply with the instructions referred to in subsection 8.3(1); and

  • (b) make and sign a report of each inspection, test or maintenance work performed by him.

• (3) The report referred to in paragraph 2(b) shall

  • (a) include the date of the inspection, test or maintenance work performed by the qualified person;

  • (b) identify the materials handling equipment that was inspected, tested or maintained; and

  • (c) set out the safety observations of the qualified person inspecting, testing or maintaining the materials handling equipment.

• (4) The employer shall, for as long as the materials handling equipment is in use, keep a copy of

  • (a) the instructions referred to in subsection 8.3(1); and

  • (b) the report referred to in paragraph (2)(b).

Repairs

• 8.5 (1) Subject to subsection (2), any repair, modification or replacement of a part of any materials handling equipment shall not decrease the safety of the materials handling equipment or part.

• (2) If a part of less strength or quality than the original part is used in the repair, modification or replacement of a part of any materials handling equipment, the use of the materials handling equipment shall be restricted by the employer to such loading and use as will ensure the retention of the original safety of the equipment or part.

Instructions and Training

• 8.6 (1) Every operator of materials handling equipment on an aircraft shall be instructed and trained by the employer in the procedures to be followed for

  • (a) the inspection of the materials handling equipment; and

  • (b) the safe and proper use of the equipment.

• (2) Every employer shall keep a record of any instruction or training given to an operator of materials handling equipment for as long as the operator remains in his employ.

Operation

8.7 No employer shall require an employee to operate materials handling equipment on an aircraft unless the employee is capable of operating the equipment safely.

8.8 No person shall operate materials handling equipment, other than a service cart, unless

• (a) he has a clear and unobstructed view of the area in which the equipment is being operated; or

• (b) he is authorized by the pilot-in-command to do so.

8.9 Every employer shall establish a code of signals for the purposes of the operation of materials handling equipment and shall

• (a) instruct every operator of materials handling equipment employed by him in the use of the code; and

• (b) keep a copy of the code in a place where it is readily available for examination by operators.

8.10 Where it is not practicable for an operator of materials handling equipment to use visual signals, a telephone, radio or other signalling device shall be provided by the employer for the use of the operator.

Contact Hazards

8.11 No materials handling equipment shall be operated in an area in which it may contact a live electrical wire or other hazard known to the employer, unless the operator has been

• (a) warned of the presence of the hazard;

• (b) informed of the location of the hazard; and

• (c) informed of the safety clearance that must be maintained with respect to the hazard in order to avoid accidental contact with it.

Service Cart Control Systems

8.12 Every service cart used on an aircraft shall be fitted with braking and other control systems that

• (a) are capable of safely controlling and stopping the movement of the service cart; and

• (b) respond reliably and quickly to moderate effort on the part of the operator.

Safe Working Loads

• 8.13 (1) No materials handling equipment shall be used or operated with a load that is in excess of its safe working load on an aircraft.

• (2) The safe working load of materials handling equipment shall be clearly marked on the equipment or on a label securely attached to a permanent part of the equipment in a position where the mark or label can be easily read by the operator of the equipment.

Manual Handling of Materials

8.14 Where, because of the weight, size, shape, toxicity or other characteristic of materials, goods or things, the manual handling of the materials, goods or things on an aircraft may be hazardous to the safety or health of an employee, the employer shall issue instructions that the materials, goods or things shall, where reasonably practicable, not be handled manually.

8.15 Where an employee is required to manually lift or carry a load in excess of 10 kg on an aircraft, the employee shall be instructed and trained by the employer

• (a) in a safe method of lifting and carrying the load; and

• (b) in a work procedure appropriate to the conditions of the work place.

8.16 Where an employee is required to manually lift or carry a load in excess of 45 kg on an aircraft, the instructions given to the employee in accordance with section 8.15 shall be

• (a) set out in writing;

• (b) readily available to the employee to whom they apply; and

• (c) kept by the employer for two years after they cease to apply.

Transporting and Positioning Employees

• 8.17 (1) No materials handling equipment shall be used for transporting an employee on an aircraft unless the equipment is specifically designed for that purpose.

• (2) No materials handling equipment shall be used for positioning or hoisting an employee on an aircraft unless the equipment is equipped with a platform, bucket or basket designed for that purpose.

Defective Materials Handling Equipment

8.18 Where an employee on an aircraft identifies a defect in materials handling equipment that may render it unsafe for use, he shall, as soon as possible,

• (a) mark or tag the materials handling equipment as unsafe;

• (b) remove the materials handling equipment from service; and

• (c) report the defect to the employer.

PART IXHazardous Occurrence Investigation, Recording and Reporting

Interpretation

9.1 In this Part,

disabling injury

disabling injury means an employment injury or an occupational disease that

• (a) prevents an employee from reporting for work or from effectively performing all of the duties connected with the employee’s regular work on any day subsequent to the day on which the injury or disease occurred, whether or not that subsequent day is a working day for that employee,

• (b) results in the loss by an employee of a body member or part thereof or in the complete loss of the usefulness of a body member or part thereof, or

• (c) results in the permanent impairment of a body function of an employee; (blessure invalidante)

minor injury

minor injury means an employment injury or an occupational disease for which first aid or medical treatment is provided and excludes a disabling injury. (blessure légère)

Report by Employee

9.2 Where an employee becomes aware of an accident or other occurrence arising in the course of or in connection with his work on an aircraft that causes injury to him or to any other person, he shall without delay report the accident or other occurrence to his employer, orally or in writing.

Investigation

9.3 Where an employer is aware of an accident, occupational disease or other hazardous occurrence affecting any of the employees in the course of employment on an aircraft, the employer shall, as soon as possible,

• (a) take necessary measures to prevent a recurrence of the hazardous occurrence;

• (b) appoint a qualified person to carry out an investigation of the hazardous occurrence; and

• (c) notify the safety and health committee or the safety and health representative, if either exists, of the hazardous occurrence and of the name of the qualified person appointed to investigate it.

Telephone or Telex Report

9.4 The employer shall report the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 9.3 by telephone or telex to a safety officer as soon as possible but not later than 24 hours after becoming aware of the occurrence, where the occurrence results in

• (a) the death of an employee;

• (b) a disabling injury to two or more employees; or

• (c) a fire or an explosion.

Minor Injury Record

• 9.5 (1) Every employer shall keep a record of each minor injury of which he is aware that affects his employees in the course of employment on an aircraft for two years after the date of the hazardous occurrence that resulted in the minor injury.

• (2) A record made pursuant to subsection (1) shall contain

  • (a) the date, time and location of the occurrence that resulted in the minor injury;

  • (b) the name of the employee affected;

  • (c) a brief description of the minor injury;

  • (d) a brief description of the first aid rendered, if any; and

  • (e) the causes of the minor injury.

Written Report

• 9.6 (1) The employer shall, without delay, send a report in writing to the safety and health committee or the safety and health representative, if either exists, where an investigation referred to in section 9.3 discloses that the hazardous occurrence resulted in

  • (a) a disabling injury to an employee;

  • (b) the loss of consciousness of an employee;

  • (c) the implementation of rescue, revival or other similar emergency procedures; or

  • (d) a fire or an explosion.

• (2) A copy of the report made in accordance with subsection (1) shall be submitted by the employer to the regional safety officer at the regional office within 14 days after the employer becomes aware of the hazardous occurrence.

• (3) The report referred to in subsection (1) shall be in the form set out in Schedule I to this Part and contain the information required by the form.

Annual Report

• 9.7 (1) Every employer shall, not later than March 1 in each year, submit to the Minister of Labour and to the safety and health committee or the safety and health representative, if either exists, a written report setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware affecting any of the employer’s employees in the course of employment on an aircraft during the 12-month period ending December 31 in the preceding year.

• (2) The report referred to in subsection (1) shall be in the form set out in Schedule II to this Part and contain the information required by the form.

Retention of Reports

9.8 Every employer shall keep a copy of each report referred to in sections 9.6 and 9.7 for two years after its submission to the regional safety officer or the Minister of Labour.

PART XFirst Aid

Interpretation

10.1 In this Part, first aid station means a place on an aircraft where first aid supplies or equipment are stored. (poste de secours)

General

• 10.2 (1) Every employer shall establish written instructions that provide for the prompt rendering of first aid to an employee for an injury, an occupational disease or an illness.

• (2) A copy of the instructions referred to in subsection (1) shall be kept on the aircraft by the employer readily available for examination by employees.

Trained Employees

• 10.3 (1) Where two or more employees are employed on an aircraft, at least one employee shall be trained in and capable of providing artificial respiration, controlling a hemorrhage and rendering such other life-saving first aid as may be indicated by the nature of the work being done.

• (2) A trained employee referred to in subsection (1) shall render first aid to employees that are injured or ill on an aircraft.

First Aid Stations

• 10.4 (1) At least one first aid station shall be provided on every aircraft.

• (2) Every first aid station shall be

  • (a) available and accessible;

  • (b) inspected regularly and its contents maintained in a clean, dry and serviceable condition; and

  • (c) clearly identified by a conspicuous sign.

First Aid Supplies and Equipment

• 10.5 (1) On each aircraft in which the number of employees working at any time is the number set out in Column I of an item of Schedule I to this Part, a first aid kit that is of the type set out in Column II of that item shall be provided.

• (2) For the purposes of subsection (1), a first aid kit of a type set out at the head of Column II or III of Schedule II to this Part shall contain the first aid supplies and equipment set out in Column I of that Schedule in the applicable number set out opposite those supplies and that equipment in Column II or III thereof.

• (3) All first aid kits shall be inspected regularly and their contents maintained in a clean, dry and serviceable condition.

10.6 Where there is a hazard of a skin or eye injury from a hazardous substance on an aircraft, the employer shall provide for immediate use by employees a means of washing the skin or irrigating the eyes.

Records

• 10.7 (1) Where an injured or ill employee reports to a trained employee referred to in subsection 10.3(1) or where a trained employee referred to in subsection 10.3(1) renders first aid to an employee, the trained employee shall

  • (a) enter in a first aid record the following information:

    • (i) the date and time of the reporting of the injury, occupational disease or illness,

    • (ii) the full name of the injured or ill employee,

    • (iii) the date, time and location of the occurrence of the injury, occupational disease or illness,

    • (iv) a brief description of the injury, occupational disease or illness,

    • (v) a brief description of the first aid rendered, if any, and

    • (vi) a brief description of arrangements made for the treatment or transportation of the injured or ill employee; and

  • (b) sign the first aid record beneath the information entered in accordance with paragraph (a).

• (2) The first aid record referred to in subsection (1) shall be

  • (a) stored in the first aid kit; and

  • (b) kept by the employer for two years after the date on which it is signed.

PART XILighting

11.1 Every aircraft shall be provided with lighting sufficient to enable an employee to carry out his duties [in] safety.